blaw ch 3

The flashcards below were created by user
hrwinston
on FreezingBlue Flashcards.

jurisdiction

the power of a court to hear a case and render a binding decision

original jurisdiction

the power to initially hear and decide (try) a case

appellate jurisdiction

the power to review a previously made decision by the trial court

in personam jurisdiction (jursidiction over the person)

the power of a court to render a decision that affects the legal rights of a specific person

plaintiff

party on whose behalf the complaint is filed

defendant

party against whom an action is being brought

complaint

the initial pleading in a case that states the names of the parties to the action, the basis for the court's subject matter jurisdiction, the facts on which the party's claim is based, and the relief that the party is seeking.

summons

order by a court to appear before it at a certain time and place

service

providing the defendent with a summons and a copy of the complaint

long-arm statute

a statute authorizing a court to obtain jurisdiction over an out-of-state defendent when that party has sufficient minimum contacts with a state.

in rem jurisdiction

the power of a court to render a decision that affects property directly rather than the owner of the property.

subject matter jurisdiction

the power of a court to render a decision in a particular type of case

state court jurisdiction

applies to cases that may be heard only in the state court system

exclusive federal jurisdiction

applies to cases that may be heard only in the federal court system

concurrent jurisdiction

applies to cases that may be heard in either the federal or the state court system

venue

county of the trial court; prescribed by state statute

attorney-client privilege

provides that information furnished by a client to an attorney in confidence, in conjunction with a legal matter, may not be revealed by the attorney without the client's permission.

work-product doctrine

provides that formal and informal documents prepared by an attorney in conjunction with a client's case are privileged and may not be revealed by the attorney without the client's permission.

judicial restraint

a judicial philosphy that says courts should refrain from determining the constitutionality of a legislative act unless absolutely necessary and that social, political, and economic change should come out of the political process.

judicial activism

a judicial philosophy that says the courts need to take an active role in encouraging political, economic, and social change.

petit jury

a jury of 12 citizens impaneled to decide on the facts at issue in a criminal case and to pronounce the defendant guilty or not guilty.

indictment

a formal written accusation in a felony case

grand jury

a group of 12 to 23 citizens convened in private to decide whether enough evidence exists to try the defendant for a felony.

adversarial system

system of litigation in which the judge hears evidence and arguments presented by both sides in a case and then makes an objective decision based on the facts and the law as presented by each side.

rules of civil procedure

the rules governing proceedings in a civil case; federal rules of procedure apply in all federal courts, and state rules apply in state courts.

pleadings

papers filed by a party in court and then served on the opponent in a civil lawsuit.

basic pleadings are:

the complaint

the answer

the counterclaim

motion to dismiss

motion to dismiss

defendant's application to the court to put the case out of judicial consideration because even if the plaintiff's factual allegations are true, the plaintiff is not entitled to relief.

counterclaim

defendant's statement of facts showing cause for action against the plaintiff and a request for appropriate relief.

discovery

the pretrial gathering of information from each other by the parties

deposition

pretrial testimony by witnesses who are examined under oath

voir dire

process whereby the judge and/or the attorneys question potential jurors to determine whether they will be able to render an unbiased opinion in the case.

mock jury

group of individuals, who demographically matched to the actual jurors in a case, in front of whom lawyers practice their arguments before presenting their case to the actual jury.

shadow jury

group of individuals, demographically matched to the actual jurors in a case, that sits in teh courtroom during a trial and then "deliberates" at the end of each day so that lawyers have continious feedback of how their case is doing.

affirm

term used for an appellate court's decision to uphold the decision of a lower court in a case that has been appealed.

modify

term used for an appellate court's decision that, although the lower court's decision was correct, it granted an inappropriate remedy that needs to be changed.

reverse

term used for an appellate court's decision that the lower court's decision was incorrect and cannot be allowed to stand.

remand

term used for an appellate court's decision that an error was committed that may have affected the outcome of the case and that therefore the case must be returned to the lower court.